We are Moving as of/November 16, 2020. Our new address is 1900 S. Norfolk Street, #350, San Mateo CA 94403. Our phone number is remaining the same 650-592-8600.

During the constantly changing COVID-19 situation around the world, the Cohen Law Office remains open and committed to serving you and your family in any way possible. Whether you need help with estate planning, trust administration or litigation, please call our office or visit our Contact page to schedule an appointment today.

Cohen Law Office

We are Moving as of/November 16, 2020. Our new address is 1900 S. Norfolk Street, #350, San Mateo CA 94403. Our phone number is remaining the same 650-592-8600.

During the constantly changing COVID-19 situation around the world, the Cohen Law Office remains open and committed to serving you and your family in any way possible. Whether you need help with estate planning, trust administration or litigation, please call our office or visit our Contact page to schedule an appointment today.

How does trust litigation differ from challenging a will?

by | Jul 26, 2018 | trust litigation | 0 comments

Many people in California have established a living trust as a means for distributing their assets to their chosen beneficiaries upon their death. However, even the most carefully thought-out trust can be the subject of trust litigation brought by a beneficiary who believes the trust should rendered invalid. When a beneficiary wants to challenge a trust, they will have to file a lawsuit against all other beneficiaries. This makes challenging a trust more complicated than challenging a will.

For example, to invalidate a will, the person contesting it may argue the decedent was under coercion when the will was signed or that the decedent lacked the mental capacity to create a will. However, since a trust goes into effect while the decedent is still alive, a beneficiary is under the burden of proving that the trust was invalid when it was signed.

Also, there are differences in asset distributions for a trusted versus those for a will. If a will is challenged, the distribution of assets will freeze, and will not restart until a resolution is met. With a trust, even if it is challenged, assets in the trust will keep being distributed pending the resolution of the case.

The death of a loved one is a very emotional time. One’s grief can be compounded if they believe that the deceased’s will or trust should not be enforced. There are differences between challenging a will and challenging a trust. Therefore, it is important to understand what these differences are, so one knows what to expect and how to prepare their case.